Our Legal Lens on the Unified Patent Court newsletter is designed to keep patent holders and legal departments well-informed of the latest updates and strategic insights on the new patent court.
What you’ll find in the March 2024 issue:
- Recent cases before the UPC Court of Appeal (CoA) demonstrate that the CoA has an active role in interpreting patent claims and evaluating inventive step, and will apply UPC procedural rules in a flexible manner.
- The CoA clarified the requirements for seeking preliminary injunctions, with standards varying by jurisdiction, which is important for patentees to know when selecting a venue and pursuing injunctive relief.
- The impact that party-appointed technical experts will have in UPC proceedings remains to be seen because the UPC system offers dozens of technically qualified judges who may rely on their own knowledge rather than on party-appointed experts.
- Since opening its doors on June 1, 2023, the UPC has received more than 270 cases, including infringement, revocation and counterclaim for revocation cases.